The Questionable Wisdom of Giving Policemen the Finger

Is it illegal to flip off a cop, or just rude?

AF values the feelings of each and every reader, but wouldn't you agree that "incredibly dumb" is also a valid option here?

On the one hand, says Christopher Dunn, the associate legal director of the New York Civil Liberties Union, "It's definitely not illegal. One of the basic rights we have is to criticize the government, including police officers — and this is just another form."

That's the legal theory. On the other hand — the one with the extended middle finger — there's reality. Scott Baker, a former NYPD officer and coauthor of The Funniest Cop Stories Ever, tells AF, "You have discretion as an officer. Maybe he's disorderly. Maybe a guy who flips you off in a car took his hands off the wheel and swerved. Maybe he's drunk. I'm not pulling him over because he flipped me off — I'm pulling him over because that is erratic behavior that raised my suspicion."

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Lieutenant Randy Sutton of the Las Vegas PD puts it this way: "It may not be illegal, but you run into the wrong cop and he may take you to jail. If there's some local ordinance on disturbing the peace or making obscene gestures, it may not stand up to constitutional scrutiny, but you are going to have to defend yourself in court. You may beat the rap, but you can't beat the ride. You're not going to enjoy the experience of going to jail."